HomeMy WebLinkAbout092005_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the
Council Chambers, Civic Center, 35 Cajon Street, on September 20, 2005, at
3:00 P.M.
PRESENT Susan.Peppler, Mayor
Gilberto Gil, Mayor Pro Tem
Pat Gilbreath, Councilmember
Gary George, Councilmember
Jon.Harrison, Councilmember
ABSENT None
STAFF John Davidson, City Manager; Daniel J. McHugh, City Attorney; Lorrie
Poyzer, City Clerk; Beatrice Sanchez, Deputy City Clerk (evening session);
Michael Reynolds, City Treasurer; Jim Bueermann, Police Chief; Jim
Drabinski, Fire Chief, Don Gee, Redevelopment Agency Director; Tom Steele,
Assistant Finance Director; Ronald C. Mutter, Public Works Director; Marjie
Pettus, Administrative Services Director; Gary G. Phelps, Municipal Utilities
Director; and Jeffrey L. Shaw, Community Development Director
Tribute - Wallace Alexander Sanchez - The meeting was opened with a tribute
for Wallace Alexander (Wally) Sanchez who died on Monday, September 19,
2005, from Councilmember George followed by a moment of silence in his
honor and the pledge of allegiance. A native of Redlands, Mr. Sanchez served
his country for 20 years in the United States Air Force, taught for another
20 years as a special education teacher, was a tennis coach and served on the
City's Recreation Commission.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Gil, the minutes of the regular meeting of September 6, 2005,
were approved as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gil,payment of salaries and bills was acknowledged.
Cooperative Purchasing Policy - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved a
cooperative purchasing policy which interprets Section 2.16180 of the
Redlands Municipal Code.
Planning; Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the report of the Planning Commission
meeting held on September 13, 2005, was acknowledged as received.
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Page 1
Ordinance No. 2618 - Zone Change No. 414 - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
adopted Ordinance No. 2618, an ordinance of the City of Redlands amending
the Redlands Municipal Code by adopting a revised land use zoning map and
effecting Zone Change No. 415 for .43 acres of property located at 31.588 Alta
Vista Drive, approximately 200 feet southwest of Outer Highway 10 and further
identified as Assessor's Parcel No. 0300-161-04. The zoning designation is to
be changed from C-4 (Highway Commercial) District to R-R-A (Rural
Residential Animals) District on the City's Land Use Zoning Map (Diane Short,
applicant).
Ordinance No. 2619 - Zone Change No. 414 - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
adopted Ordinance No. 2619, an ordinance of the City of Redlands amending
the Redlands Municipal Code by adopting a revised land use zoning map and
effecting Zone Change No. 414 for 6.74 acres identified as Assessor Parcel
No. 297-121-07 located on the northeast corner of Wabash Avenue and San
Bernardino Avenue. The zoning designation is to be changed from the
unincorporated San Bernardino County I-C (Community-Industrial) District to
the City of Redlands' M-1 (Light Industrial) District and the remaining
8.90 acres identified as Assessor Parcel Nos. 297-121-10 and 11 is to be
changed from the unincorporated San Bernardino County AG-AP
(Agricultural/Agricultural Preserve) District to the City of Redlands' C-N
(Commercial Industrial) District(Larry Jacinto, applicant).
Ordinance No. 2620 - Zone Change No. 412 - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
adopted Ordinance No. 2620, an ordinance of the City of Redlands amending
the Redlands Municipal Code by adopting a revised land use zoning map and
effecting Zone Change No. 412 for 2.6 acres of vacant property located on the
south side of Highland Avenue, on the west side of Ford Street and immediately
east of the I-10 Freeway and further identified as Assessor's Parcel No. 0174-
1.52-12. The zoning designation is to be changed from R-S (Suburban
Residential) District to R-2 (Multiple Family Residential) District (Buckeyes
Limited Partnership, applicant).
Resolutions 6427-6428 - Parking and Business Improvement Area B - On.
motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City
Council unanimously adopted Resolution No. 6427, a resolution of the City
Council of the City of Redlands approving the annual report for the Parking and
Business Improvement Area B for fiscal year 2004-05. On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously adopted Resolution No. 6428, a resolution of the City Council of
the City of Redlands declaring the City Council's intention to levy and collect
assessments for improvements and activities occurring within the boundaries of
Parking and Business Improvement Area B and setting 3:00 P.M. on
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November 15, 2005, as the time and date of the public hearing to consider the
assessments.
Ordinance No. 2617 -Parades and Public Assemblies - Ordinance No. 2617, an
ordinance of the City of Redlands amending Chapter 1.2.40 of the Redlands
Municipal Code relating to parades and public assemblies, was unanimously
adopted on motion of Councilmember Gilbreath, seconded by Councilmember
Gil.
Contract - Nationwide Accumulated Benefit Conversion Program - On motion
of Councilmember Gilbreath, seconded by Councilmember Gil, the City
Council unanimously approved a contract with Nationwide Financial and its
subsidiaries to establish the Nationwide Accumulated Benefit Conversion
Program for the Redlands Association of Safety Management Employees and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
MOU Amendment - RASME - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved
Amendment No. 1 to the Memorandum of Understanding with the Redlands
Association of Safety Management Employees (RASME) and authorized the
Mayor to execute, and the City Clerk to attest to, the document on behalf of the
City.
Amendment - Street Improvement Plans - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved the first amendment to the consultant services agreement with
Albert A. Webb Associates to prepare traffic signal and street improvement
plans for the intersection of:Barton Road and San Timoteo Canyon Road in the
amended amount of $7,000.00 and authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City.
Amendment - Bridges Replacement Project - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved the first amendment to the consultant services agreement with Tom
Dodson & Associates to ensure that the City is in compliance with regulatory
permits for the project to build new bridges on Alabama Street and Orange
Street at the Santa Ana River crossings and authorized the Mayor to execute,
and the City Clerk to attest to, the document on behalf of the City.
Agreement - Lighting of Bus Shelters - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
directed staff to prepare an "electrical power lease agreement" with Lamar
Advertising Company for the installation of lighting facilities in bus shelters
and return said agreement to the City Council for approval.
September 20,2005
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Purchase - LNG Automated Sideloaders - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
authorized the purchase of three 05/06 automated sideloaders for the Solid
Waste Division from Carmenita Truck Center in the amount of$615,597.30.
Purchase - Laboratory Information Management System - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously authorized the purchase of Laboratory Information Management
System software and equipment from Accelerated Technology Laboratories,
Inc. of West End, North Carolina, for the City's Water and Wastewater
Divisions.
License Agreement - SANBAG - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved a
license agreement with San Bernardino Associated Governments (SANBAG)
for an underground crossing of the railroad property for a 12-inch diameter
water main on Nevada Street, south of Industrial Park Avenue, and authorized
the Mayor to execute, and the City Clerk to attest to, the document on behalf of
the City.
Contract - 1.350 Zone Reservoir Protect - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved a contract for extension of the Electric Distribution Line Rule No. 15
for the 1350 Zone Reservoir Project, Project No. 4-0518, with Southern
California Edison for $8,315.22 and authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City.
Funds - Purchase - Emergency Response Vehicles - Following discussion,
Councilmember Gil moved to authorize the purchase of two emergency
response vehicles for the Redlands Fire Department with funds from Fire
Donations ($30,000.00) and the Hazardous Waste Program ($67,500.00) and
approved an additional appropriation in the amount of $97,500.00. Motion
seconded by Councilmember Gilbreath and carried unanimously.
Independent Contractor Agreement - Ginny McNutt - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously approved an independent contractor agreement with Ginny
McNutt for beginning line dance lessons.
Independent Contractor Agreement - Armando Neri - On motion of
Councilmember Gilbreath., seconded by Councilmember Gil, the City Council
unanimously approved an independent contractor agreement with Armando
Neri for Flamenco dance lessons.
Independent Contractor Agreement- Luck- On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
September 20,2005
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approved an independent contractor agreement with Lucy Guss for ballroom
dance lessons.
MOU - Redlands Police Officers Association - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved the Memorandum of Understanding with the Redlands Police Officers
Association.
COMMUNICATIONS
Tennis and Swim Facility - Public Works Director Mutter reported that at their
meeting of August 11, 2005, the Parks Commission recommended to the City
Council to locate and acquire a 1.0- to 15-acre site on the north side of Redlands
for a public tennis and swimming facility. Representing the Redlands Racquet
Club, Michelle Proctor and Debbie Klink made a brief presentation explaining
their vision for a public tennis and swimming facility. Kyle Larick encouraged
Councilmembers to refrain from chopping up the Sports Park citing the needs
for more soccer fields. Public Works Director Mutter reported the Parks
Commission and Recreation Commission are holding joint meetings open to the
public on the second Thursday of each month; both commissions are aware of
the huge needs of the citizens and are starting a planning process to meet these
needs. Councilmember Peppler moved to direct staff to research the idea on
expanding existing facilities and to work with the Redlands Unified School
District and the Redlands Racquet Club to make their tennis courts available to
the public. Motion seconded by Councilmember Gil and carried unanimously.
Oben Space Assessment District- Councilmember George reported that a recent
polling, authorized by the City Council and paid for by the Redlands
Conservancy, indicated a lack of the 66-2/3 percent support required for a
general tax increase for the creation of the Emerald Necklace. However, the
polling clearly indicated far more than 50 percent of those surveyed supported
the concept of paying approximately $50.00 per year to preserve and/or create
the necklace. Therefore, there is a good probability that the more than
50 percent approval required to create a benefit assessment district for parks and
open space could be achieved. The Redlands Conservancy is willing to pay the
costs incurred in such an election. Councilmember Harrison engaged in a
lengthy discussion with Councilmember George regarding the other needs of
the City including a Justice Center, Civic Center, road repairs, and increasing
the paramedic tax and urged asking the people what they wanted by conducting
a survey to set priorities. Councilmember George was astounded that the City
Council might not take advantage of the financial offer from the Redlands
Conservancy. By consensus, the City Council authorized staff to solicit the
services of an engineer for the preparation of a report which would include
estimates for engineering such a district and bring forward a contract for City
Council approval.
September 20,2005
Page 5
Hurricane Katrina - Councilmember George reminded Councilmembers that at
the last City Council meeting, he was authorized to work with Monya Jones to
identify a small town in the Hurricane Katrina disaster area in need of assistance
with the concept of adopting a town and interfacing with that town in order to
more efficiently direct resources and financial contributions to assist that town
in rebuilding. Since that meeting, he and Ms. Jones have attempted to identify
and contact an appropriate City and have narrowed out the search to two cities:
Kenner and Westwego. The Redlands Charitable Resources Coalition is
formulating recommendations on how to proceed which Councilmember
George reviewed. Councilmember George noted Ms. Jones is the driving force
behind this project and thanked members of the Coalition for lending their
expertise and advise. Councilmembers concurred, with enthusiasm, the City
will continue these efforts to set up this concept for Westwego, Louisiana, and
send Reverend Felix Jones and Chief of Water Resources Doug Headrick to the
area for two days to make contact with local authorities and conduct a fact-
finding mission and then report back on how we might proceed with our local
efforts.
Status Report - Covington Project - Councilmember Harrison reported on his
discussions with the developers of Tract No. 16361 (Covington Project) to
acquire, through gifting, up to 1.2 additional lots, specifically those lots in the
most southerly portion of the project to be part of the Emerald Necklace for
open space. The property owner and developer have agreed to this proposal and
it will be part of the final map. Councilmember Harrison thanked Chad
Covington and asked that staff continue to work with the development.
Representing the property owner, Pat Meyer thanked Councilmember Harrison
for working with them and reported that they would gift the 12 lots to the City
and work out the details after the results of the November, 2005, election are
known. Responding to questions, he stated that if Measure R (Ordinance
No. 2606 for Zone Change No. 390) fails, the developer will start over and
prepare a project with 5-acre ranchettes. Councilmember Gilbreath thanked
Councilmember Harrison for his efforts. Mayor Peppler asked the press to do a
public service by explaining the yes/no vote on Measure R.
Special Meeting - Airport Land Use - Gary Van Dorst, Municipal Utilities
Department, reported staff is recommending the City Council schedule a special
meeting with invitations to the Planning Commission and Airport Advisory
Board to conduct a workshop to discuss and possibly act upon land use planning
and policy issues related to the Redlands Municipal Airport and surrounding
areas on Tuesday, October 4, 2005, at 10:00 A.M. Representing Walton
Development, LLC, Mr. Everett Hughes read a letter expressing his concern
that the underlying influence of this proposed workshop is to postpone his
project. Councilmember Gilbreath's motion to schedule this special meeting as
recommended by staff was seconded by Councilmember Harrison and carried
unanimously.
September 20,2005
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CLOSED SESSION
The City Council meeting recessed at 4:28 P.M. to a closed session to discuss
the following:
1. Conference with real property negotiator - Government Code
Section 54956.8
a. Property: APNs 294-091-33, 175-221-07, 175-241-01,
175-122-06, 175-131-14, 175-231-01 and
175-251-04
Negotiating parties: Louis P. Cardinal and John Davidson
Under negotiation: Terms and price
2. Conference with legal counsel: Anticipated litigation - Government Code
Section 54956.9(b)
a. One case - Facts and circumstances: Threatened litigation if the City
Seal Initiative passes
The meeting reconvened at 7:00 P.M. at which all. Councilmembers were
present. Staff members present were City Manager Davidson, City Attorney
McHugh, Community Development Director Shaw, Police Chief Bueermann,
City Clerk Poyzer, and Deputy City Clerk Sanchez.
CLOSED SESSION REPORT
None forthcoming.
ANNOUNCEMENTS/REPORTS
Reports from Councilmembers on their recent activities were dispensed with in
light of the large audience in attendance.
NEW BUSINESS
Ordinance No. 2622 - Parolee Homes' Moratorium - Mayor Peppler announced
she scheduled this matter for discussion to respond to concerns expressed by
citizens over the past six years regarding groups home. She reported Third
District County Supervisor Dennis Hansberger has called meetings of the
mayors in his district to discuss this issue especially state-licensed facilities
over which there is no local control. It also has been a topic of discussion
within the League of California Cities. Fontana and Yucaipa have adopted
similar ordinances providing some control over group homes which our City
Attorney has been reviewing. She and Councilmember Gil along with City
Attorney McHugh, City Manager Davidson, and Community Development
Director Shaw, recently met with some of our residents who expressed concerns
about group homes being "flipped" from handicapped facilities to parolee
housing without notice to the community. Ordinance No. 2622, which would
establish a 45-day moratorium on the approval of non-state licensed parolee
September 20,2005
Page 7
homes, will allow the City to prepare an ordinance addressing this issue.
Councilmember George asked why the Police Chiefs signature was missing
from the report and the meeting. City Manager Davidson explained that Police
Chief Bueermann was uncomfortable with the report but that he is bringing it
forward for the City Council's review.
Urging approval of this moratorium were: Damon E. Needelman, Dorothy
Cunningham, Clif Cunningham, George Cruzen, Wayne L. Johnson, Julie
Waltz, Lois Looke, and Joe:Pasquale.
Speaking in support of Sober Living houses in Redlands were: Adam Paulsen,
Cynthia McGuigan, Monica Vill, Jerry Holt, Alicia Bell, Robert Ettleman, Lee
Warrick, Kassandra Jarmillo, Philip Radmacher, George Favela, Gregory D.
Burks, Steve Calleros, Oscar Fabela, Jr., Cedric Young, Debi MacVie, Brandy
Prats, and Bob Ettleman. Mayor Peppler assured people in attendance in
support of Sober Living facilities that this proposal does not prohibit group
homes, but would be a regulatory tool. Many people expressed concerns about
the fee to apply for the proposed conditional use permit.
Also speaking were Jeffrey Gaither and Alfred Martinez, Jr. from the California
Department of Corrections and Rehabilitation. Retired Deputy Sheriff Bernie
DeYoung, Vista Guidance Centers and East Valley Second Choice, urged the
City Council to carefully consider legislation to prevent interfering with
rehabilitation efforts and needs. Pastor Felix Roger Jones, III, cautioned
everyone about over-reacting. Pastor Don. Wallace asked what the urgency was
to establish this moratorium. Joe Walloch, who found signs in the Clover Street
neighborhood offensive, clarified that he asked for Code Enforcement who did
advise him the signs may be offensive, but were not illegal. Ediberto Flores
suggested forming a committee to study this matter in depth.
Councilmembers discussed this issue at length with a general consensus the
City does not want to cause the Sober Living participants problems but there is
a need to regulate and monitor sex offenders and violent parolees. Police Chief
Bueermann reviewed his proposal to establish a parolee re-entry facility.
George Hicks expressed concerns that if this facility was removed from
residential areas, it could create an impact on the businesses. It was suggested
to establish a focus group with State people, the Police Chief, parolees, and
citizens for a wide discussion. With the understanding that more information
would be assembled with the assistance of a focus group and that further
information would be presented regarding a parolee re-entry facility at the
October 4, 2005, City Council meeting, the City Council took action on the
proposed ordinance. Ordinance No. 2622, an ordinance of the City of Redlands
establishing a moratorium on the approval of non-state licensed parolee homes,
was read by title only by City Clerk Poyzer, and on motion of Councilmember
Peppler, seconded by Councilmember Gil, further reading of the ordinance text
September 20,2005
Page 8
was unanimously waived, and Ordinance No. 2622 was adopted by a unanimous
vote.
PUBLIC COMMENTS
None forthcoming.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
9:50 P.M. The next regular meeting will be held on October 4, 2005.
City Clerk
September 20,2005
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